I General Provisions
1. This Settlement Procedure for Freight Transport, hereinafter - Procedure, has been prepared pursuant to the internal regulations of the limited liability company LDZ CARGO, hereinafter - LDZ CARGO, governing the operation of subordinate units, the Rail Freight Transport Tariff LDZ CARGO-01 and the Freight Transit Tariff KTT-LV, hereinafter – Tariffs LDZ CARGO, as well as applicable legislation governing the procedure of settlements.
2. The Procedure establishes regulations that are binding to:
2.1. Units subordinated to LDZ CARGO:
- Freight Transport Billing Office (hereinafter FBO);
- railway station freight terminal goods pay offices (hereinafter - Goods Pay Offices).
2.2. legal and natural persons using the services of LDZ CARGO:
- consignors and consignees, hereinafter - Clients;
- payers who pay for inland freight transit under an agreement with LDZ CARGO, hereinafter - Freight Forwarders;
- payers who pay a freight forwarding fee on behalf of the consignor or the consignee on the basis of a contract or an agreement, if the payer and the consignor or the consignee has notified LDZ CARGO thereof in writing, hereinafter - Agents.
3. The abbreviations and terms used in the text are explained in the LDZ CARGO Tariff.
II Calculation and billing of shipping fees
4. The shipping fee is calculated by the station of dispatch Goods Pay Office and the delivery station Goods Pay Office when issuing the delivery.
5. The shipping fee is calculated based on the rail bill of lading data and the calculated amount is inserted in the rail bill of lading. The dispatch station charges the shipping fee from the consignor or the Agent before accepting the cargo for shipping and the delivery station from the consignee or the Agent before issuing the delivery.
6 The Freight Forwarder's shipping fee is calculated and charged by the FBO.
7. The fee for ancillary operations and other services related to transport and contractual penalties is calculated based on the data of the following documents:
- rail bill of lading;
- railcar shunting list;
- freight recipient's note;
- accrual card;
- general sample statement;
- order on taking out a container (from a station) and its return.
The calculated amounts are recorded in the document mentioned above for subsequent charging from the Client, and the Client's representative is issued with one copy of this document. The Client shall pay the fee for ancillary services and other services related to transport and contractual penalties within 3 (three) working days from the receipt of the invoice, including the day of receipt of the invoice.
8. LDZ CARGO shall charge the shipping fee based on the invoices issued by the respective Goods Pay Office to the Client's or Agent's representative against signature (indicating the name, surname and date of receipt of the invoice). In some cases, the FOB shall send the Agent a copy of the invoice by e-mail or fax and the original of the invoice by mail to the Agent's legal/office address (according to the provisions of the agreement on the transit shipping fee and the Agent's details).
For Freight Forwarders, the FOB shall send a copy of the invoice by e-mail or fax and the original of the invoice along with the attached 4-A sample calculation list by mail or e-mail to the Freight Forwarder's legal/office address (according to the provisions of the agreement on the transit shipping fee and the Freight Forwarder's details).
9. The invoice shall be drawn up in triplicate, with copy number 1 intended for the Client and the Agent and copies 2 and 3 remaining at the respective Goods Pay Office.
10 When effecting the payment of the invoiced amounts, the Clients, Agents or Freight Forwarders state the following in the "payment purpose" column: "payment for transport services at ... station name... station", invoice number, own rail reference.
11. If another client, hereinafter - the Payer, pays the shipping fee on behalf of the Client, the following shall be stated in the "payment purpose" column: "payment for transport services at ... station name... station", invoice number, and, in addition, the Client's name and rail reference on behalf of which the payment is being made.
12. Once the invoiced amount has been paid, the Client, the Agent or the Payer shall present or fax a copy of the payment order to the respective Goods Pay Office. In some cases, the Goods Pay Office may request the payment order original certified by the bank from the Client, the Agent or the Payer.
Once the invoiced amount has been paid, the Freight Forwarder shall e-mail or fax a copy of the payment order (according to the provisions of the agreement on transit shipping fee and the FOB details).
13. If the Client, the Agent or the Freight Forwarder is paying for future freight transport, then the following payment purpose shall be stated in the payment order: "crediting account for transport services at ... station name... station".
14. If a shortage or overpayment of the shipping fee due to arithmetic errors, incorrect tariff application or another reason is discovered, the respective Goods Pay Office shall issue an invoice for the missing or overpaid amount to the Client or the Agent with a justification of the amount invoiced.
For Freight Forwarders, the invoice for the missing or overpaid amount shall be issued by the FOB.
III Other Provisions
15. Copies of all proof of payment documents, as well as letters from the Clients, Agents and Payers related to the payments remain at the respective Goods Pay Office as supporting documents for the amounts received.
16. If the customer delays payments due to LDZ CARGO by more than 10 (ten) banking days, LDZ CARGO is entitled to refuse to provide further freight services to such Client.
17. Settlements are made in Euro. Based on an agreement between LDZ CARGO and the Client or the Agent, or the Payer, settlements may be made in a freely convertible currency.
If the Client, the Agent or the Payer makes the payments in foreign currency, the FOB shall notify the respective Goods Pay Office of the payment amount recalculated in Euro to be included in the Client's personal account according to the exchange rate of the Bank of Latvia on the day when the bank has accepted the Client's payment order.
18. In the case where, based on the international railway carriage contract (SMGS railway invoice), the shipment is effected by two carriers (LDZ CARGO and another carrier), LDZ CARGO shall only bill and charge the Client for the part of the shipment effected by LDZ CARGO.
19. When the shipment fee is paid by the SJSC Latvijas Dzelzceļš, its branches or companies in the Latvijas Dzelzceļš holding, the respective Goods Pay Office shall process the payment documents according to the general procedure and send them to the FOB.
Chairman of the Board G. Mačs